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Certainly it is an encouraging judgment of MSCDRC for those flat buyers who book flats and at a later date, the builders on pretext of one or the other reason, cancel the booking and dispose the same flat at higher rate and garner extra profit on account of escalation in flat prices.

The Maharashtra State Consumer Disputes Redressal Commission directed two builders to hand over possession of a flat admeasuring 1,036 sq ft in Lokhandwala to a Bangalore based couple who had booked the said flat in 2006. RNA Builders (NG) and M/s Rockline Constructions Company have been ordered to pay Sheikh Jamil and Mallika Jamil Rs 25,000 as cost of litigation.

In February 2006, the couple who were looking to set up residence in Mumbai, purchased the flat on 15th floor from the said builders by making a down payment of Rs 8.76 lakh and were given an allotment letter. The cost of the flat was Rs 58.45 lakh. The couple alleged that the project was delayed time and again. In February 2008, the builders said that as the project was delayed, they had the option of either collecting the amount paid or continuing with the agreement. The couple conveyed their decision to the builders that they wanted to continue.

In February 2010, the builders, while replying to a letter sent by the couple enquiring about the progress of the work, said their provisional booking stood cancelled and further denied the fact that the work of the building was stalled at any time. Aggrieved couple filed a complaint with the MSCDRC in 2011.

It was pleaded by M/s Rockline Constructions Company that the agreement was terminated and the complaint should be dismissed. The MSCDRC held that the builders' action of informing the couple about the cancellation of flat booking was arbitrary. The MSCDRC directed the couple to pay the remaining amount and take possession of the flat. The MSCDRC also held that the builder should complete the construction within six months, if still incomplete.